Nowadays everyone has a web presence, whether desired or not. However, negative search engine results can directly impact lives, preventing people from obtaining jobs, or having to answer embarrassing questions from friends or family about events which may have happened many years ago.
If there is written content, an image, or a video that you want to have removed from search engine results, we can assist you. We understand some of the content in question may be of an extremely private and sensitive nature; therefore, you can always be assured of our complete discretion.
What is the Right to be Forgotten?
The EU “Right to be Forgotten” derives from a May 2014 ruling by the European Court of Justice. A Spanish claimant successfully sought removal of Google search results relating to a newspaper article about an auction notice placed on his home some 16 years previously.
Unexpectedly, the European Court decided that individuals had a right to seek removal from Google (and other search engines) of search results which were, “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed.”
Why legal advice and representation is often required
As you can imagine, Google and other search engines are not in any hurry to have results removed from their search engine results, especially if those results generate many hits, and thus continued advertising revenue. Having results removed can take time; for example, lawyers are still working to remove topless images of the Duchess of Cambridge, taken by a long-range camera in 2012 whilst she was holidaying on a private property. We work with our clients over the long-term, ensuring every URL is accounted for and the material expunged as far as possible.
Upon instruction, we can make an application to Google UK for the removal of certain material, including an explanation of why the removal should take place, within the scope of the European Court’s ruling.
If Google (or another search engine) refuses to comply with the Right to be Forgotten request, we can make an appeal to the Information Commissioner’s Office.
To make an appointment with one of our solicitors in complete confidence, please email us at info@bigdatalaw.co.uk.
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Shubha Nath is director of Nath Solicitors, a boutique London law firm specialising in commercial contracts, company laws (formation/shareholder matters/M&A) and private and commercial dispute resolution.
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